1. Law Office of Mark A. Thiel
Practice Focus: Criminal defense including DUI/DWI, gun and weapons crimes, homicide, theft, white collar crimes, and juvenile offenses.
Case Types Handled: Felonies, misdemeanors, DUI/DWI, weapons offenses, homicide, robbery, burglary, theft by deception, shoplifting, fraud, embezzlement, extortion, conspiracy, tax evasion, juvenile criminal and noncriminal matters.
Legal Services: Trial defense, preliminary hearings, suppression motions, plea negotiations, federal court representation for weapons sales violations, juvenile defense to avoid creating criminal records.
Background: Mark A. Thiel has served Central Valley clients for more than two decades with criminal defense representation. He has been nominated as one of the top 100 trial lawyers in California and has served as president of the San Joaquin County Trial Lawyers Association. He is known for aggressive litigation and comprehensive knowledge of government case strategies.
Location: Stockton, California (serving Central Valley region)
Contact: https://www.stocktondefense.com
Consultation: Free case review available.
2. Law Offices of Allen Sawyer
Practice Focus: Criminal defense including high-profile cases, white collar crimes, federal crimes, drug offenses, DUI, and sex crimes defense.
Case Types Handled: Felonies, misdemeanors, federal crimes, white collar crimes including embezzlement and real estate fraud, drug offenses, DUI, sex crimes, high-profile criminal matters.
Legal Services: Trial defense, federal court representation, preliminary hearings, suppression motions, plea negotiations, media relations for high-profile cases.
Background: Allen Sawyer is a former California prosecutor who has worked on both sides of the legal process. With over 20 years of legal experience, he has unique experience defending high-profile cases that garner media attention. He regularly appears on local television news as a legal analyst and commentator. The firm has offices in Stockton, San Jose, and Sacramento, providing representation throughout Northern California. He has defended cases involving politicians, public figures, and matters receiving significant public attention.
Location: Stockton, California (additional offices in San Jose and Sacramento)
Contact: (209) 645-0556 | https://www.allensawyer.com
Consultation: Consultation available.
3. Griffin Legal Defense
Practice Focus: Criminal defense and DUI/DWI defense in San Joaquin County, Amador County, Calaveras County, and Tuolumne County. Also handles juvenile and dependency matters.
Case Types Handled: Felonies, misdemeanors, DUI/DWI, juvenile matters, dependency cases.
Legal Services: Trial defense, preliminary hearings, suppression motions, plea negotiations, juvenile court representation.
Background: Darrell G. Griffin Jr. founded Griffin Legal Defense. He holds a law degree from the University of the Pacific, McGeorge School of Law and Humphreys College. In July 2023, Mr. and Mrs. Griffin were honored to attend the American Inn of Court Gala hosted at the Supreme Court of the United States of America, representing the Stockton community and their respective organizations. The firm provides representation in four counties and carefully listens to each situation, recognizing that no two cases are the same. They emphasize that in almost any scenario there is an ability to negotiate a resolution.
Location: Stockton, California (serving San Joaquin, Amador, Calaveras, and Tuolumne Counties)
Contact: (209) 366-4819 | https://www.griffinlegaldefense.com
Consultation: Free consultation available.
4. Bird & Van Dyke, Inc.
Practice Focus: Criminal defense including drug offenses, gang-related crimes, DUI, fraud, and murder charges throughout Northern California.
Case Types Handled: Felonies, misdemeanors, drug offenses, gang-related offenses, DUI, fraud, murder, violent crimes.
Legal Services: Trial defense, preliminary hearings, suppression motions, plea negotiations.
Background: Attorney Mary Ann Bird is a former prosecutor and public defender for San Joaquin County. With over two decades of experience, she has successfully defended clients against charges ranging from drugs and gang-related offenses to DUIs, fraud, and murder. Her intimate knowledge of the criminal court system, combined with her experience as a former prosecutor, allows her to develop defense strategies based on understanding how the prosecution builds its cases.
Location: Stockton, California (serving Northern California)
Contact: (209) 507-0479 | https://www.birdandvandyke.net
Consultation: Contact firm for consultation.
5. Peter J. Marek Law
Practice Focus: Criminal defense including felonies, misdemeanors, DUI/DWI, and domestic violence throughout California, with focus near Stockton.
Case Types Handled: Felonies, misdemeanors, DUI/DWI, domestic violence, violent crimes, non-violent offenses, juvenile crimes.
Legal Services: Trial defense, preliminary hearings, suppression motions, plea negotiations, early intervention representation.
Background: Peter J. Marek is a former Deputy District Attorney who has been defending those charged with crimes for 30 years. His experience as a prosecutor provides insight into how the prosecution builds cases and identifies weaknesses in the state’s evidence. The majority of his practice focuses on criminal defense. He emphasizes the importance of obtaining legal representation early in the process to give attorneys the advantage in planning defense strategies and handling pretrial motions. DUI defense is his second largest area of practice.
Location: Stockton, California
Contact: Available around the clock, seven days a week | https://www.peterjmareklaw.com
Consultation: Free consultation available; payment plans offered.
Criminal Defense Regulations in California
Bar Admission Requirements: Attorneys must pass the California Bar Examination (one of the most difficult in the nation) or qualify under limited reciprocity provisions, complete moral character determination, and be admitted by the State Bar of California. California requires admission through examination for most applicants and has limited reciprocity with other states.
Public Defender System: The San Joaquin County Public Defender’s Office provides representation to indigent defendants charged with criminal offenses. Eligibility is determined by financial screening, typically based on income at or below 125% of federal poverty guidelines. If the Public Defender has a conflict, cases may be assigned to contract attorneys or appointed private counsel.
Specialty Certifications: The State Bar of California certifies specialists in Criminal Law through its Board of Legal Specialization. To become a Certified Criminal Law Specialist, attorneys must demonstrate substantial experience, pass a written examination, provide references from other attorneys and judges, and complete additional continuing education. This certification indicates recognized expertise in criminal defense.
Attorney Advertising Rules: California attorneys must comply with California Rules of Professional Conduct Rules 7.1 through 7.5 and Business and Professions Code sections governing attorney advertising. All communications must be truthful and not misleading. Specific disclosures are required for certain advertising.
Attorney-Client Privilege: California Evidence Code Section 954 protects confidential communications between attorneys and clients made for purposes of legal representation.
Continuing Legal Education (MCLE): California requires attorneys to complete 25 hours of MCLE every three years, including 4 hours of legal ethics, 1 hour of competence issues including substance abuse and mental health, and 1 hour of elimination of bias.
Arraignment Procedures: Defendants must be arraigned without unnecessary delay. For in-custody defendants, arraignment typically occurs within 48 hours of arrest (excluding weekends and holidays). At arraignment, charges are read, constitutional rights are explained, bail is addressed, and preliminary hearing dates are set for felonies.
Discovery Rules: California Penal Code Section 1054 et seq. governs discovery in criminal cases. The prosecution must disclose names and addresses of witnesses, statements of defendants, relevant evidence, expert witness information, and exculpatory evidence. Defense has reciprocal discovery obligations.
Speedy Trial Requirements: California Penal Code Section 1382 requires felony trial within 60 days of arraignment on the information and misdemeanor trial within 30 days of arraignment. Defendants may waive time, and certain excludable periods apply.
Bail and Pretrial Release: California has undergone significant bail reform. A statewide bail schedule sets presumptive bail amounts by offense. Judges may deviate based on public safety and flight risk. Pretrial release without money bail is increasingly available for lower-risk defendants following reforms. San Joaquin County maintains its own bail schedule. OR (own recognizance) release is available for qualifying defendants.
Felony Classification System: California classifies felonies as either “straight” felonies or “wobblers” (which can be charged as either felonies or misdemeanors at prosecutorial discretion). Felony sentences are served in state prison for terms of 16 months, 2 years, or 3 years (low-mid-high term) for many offenses, with higher terms for violent and serious felonies. California uses determinate sentencing with specific term lengths, plus enhancements for gang allegations, firearm use, prior strikes, and other factors.
Three Strikes Law: California’s Three Strikes Law (Penal Code Sections 667 and 1170.12) imposes enhanced sentences for defendants with prior serious or violent felony convictions. A second strike doubles the sentence. A third strike can result in 25 years to life imprisonment, though Proposition 36 (2012) modified this for non-violent third strikes.
Misdemeanor Penalties: Misdemeanors carry up to 1 year in county jail and fines up to $1,000 for standard misdemeanors, with some carrying fines up to $10,000. Infractions carry fines only, no jail time.
DUI Penalties: First offense DUI (California Vehicle Code 23152) carries 3 to 5 years informal probation, up to 6 months county jail (48-hour minimum for BAC .15% or higher or refusal), $390-$1,000 fine plus penalty assessments (total approximately $1,800-$2,600), 6-month license suspension (restricted license may be available), and 3-month first-offender alcohol program. Subsequent offenses carry significantly increased penalties. Fourth DUI within 10 years may be charged as a felony.
Death Penalty Status: California retains the death penalty, but there has been a moratorium on executions since 2019 under gubernatorial executive order. Capital cases require specialized defense qualifications. The state has the largest death row population in the nation.
Expungement (Dismissal): California Penal Code Section 1203.4 allows eligible defendants to petition for dismissal of convictions after successfully completing probation. If granted, the plea is withdrawn, a not guilty plea is entered, and the case is dismissed. This is commonly called “expungement” though records are not destroyed. Certain offenses are ineligible. Clean Slate provisions (effective 2023) provide for automatic record relief for certain offenses.
Proposition 47: This 2014 voter initiative reduced certain nonviolent felonies to misdemeanors, including drug possession for personal use and theft under $950. Defendants with prior felony convictions for covered offenses may petition for resentencing or reclassification.
Frequently Asked Questions
Q: What happens at my arraignment in San Joaquin County Superior Court?
A: At arraignment in San Joaquin County Superior Court, located at 222 E. Weber Avenue in Stockton, you will appear before a judge who will inform you of the charges filed against you, advise you of your constitutional rights (including the right to an attorney, right to remain silent, and right to a jury trial), and ask you to enter a plea of guilty, not guilty, or no contest. If you cannot afford an attorney, you can request the Public Defender be appointed. The court will address bail (either confirming existing bail or modifying it). For felony cases, a preliminary hearing date will be set, typically within 10 court days if in custody or 60 days if out of custody. Most defendants enter a not guilty plea at arraignment to preserve their rights while their attorney investigates the case.
Q: How does the bail process work in San Joaquin County?
A: San Joaquin County uses a bail schedule that sets presumptive bail amounts based on the charged offense. When you are arrested, bail is typically set according to this schedule. You may post bail by paying cash (full amount, refunded at case conclusion), using a bail bondsman (typically 10% fee, non-refundable), or posting property as collateral. At arraignment, your attorney can argue for OR (own recognizance) release requiring no money, reduced bail based on your ties to the community and lack of flight risk, or modified conditions of release. Recent California bail reform has expanded eligibility for pretrial release without money bail. The San Joaquin County Jail is located at 7000 Michael Canlis Boulevard in French Camp.
Q: What is a preliminary hearing and when does it occur?
A: A preliminary hearing is a court proceeding where a judge determines whether there is probable cause (sufficient evidence) to hold you for trial on felony charges. In San Joaquin County, preliminary hearings must occur within 10 court days if you are in custody (unless waived) or 60 calendar days if released. At the hearing, the prosecution presents evidence and may call witnesses. Your defense attorney can cross-examine witnesses and challenge evidence. The burden of proof is much lower than at trial. If the judge finds probable cause, you will be “held to answer” and an Information will be filed in Superior Court. If the prosecution fails to show probable cause, charges may be dismissed, though the prosecution could refile.
Q: What are the penalties for drug possession in California after Proposition 47?
A: Proposition 47, passed in 2014, reduced simple drug possession for personal use (Health and Safety Code 11350 and 11377) from a felony to a misdemeanor for most defendants. First offense simple possession of controlled substances (cocaine, heroin, methamphetamine) carries up to 1 year in county jail and/or fines up to $1,000. Many first-time offenders are eligible for drug diversion programs (Penal Code 1000) or Proposition 36 drug treatment instead of jail. Successful completion results in dismissal of charges. Possession for sale, trafficking, and manufacturing remain felonies with significantly higher penalties. Marijuana possession is legal for adults 21+ in limited amounts, but possession exceeding legal limits and unlicensed sales remain criminal offenses.
Q: Can I get my criminal record expunged in California?
A: California allows for dismissal of criminal convictions under Penal Code 1203.4, commonly called “expungement.” After successfully completing probation (or obtaining early termination), you may petition the court to withdraw your guilty or no contest plea, enter a not guilty plea, and have the case dismissed. If granted, your record will show the case as dismissed rather than convicted. This provides relief for employment background checks for many private employers. Certain offenses requiring sex offender registration and certain serious felonies are not eligible. The process involves filing a petition, court fees (fee waivers available for qualifying individuals), and a hearing. California’s Clean Slate law (effective 2023) also provides automatic record relief for certain older convictions, reducing the burden for obtaining relief.